Since when 42" railing height requirement in Quebec became effective?

1

According to the City of Laval’s official records, the 1070 mm standard has been in effect since approximately 1979 and has consistently appeared in each update of the construction codes adopted over the years. This includes the adoption of the National Building Code (NBC) in subsequent versions from 1980 through 2016, and it remains unchanged.

The 42-inch (1070 mm) railing height requirement in Quebec became effective on January 8, 2022 . This change was introduced when Quebec adopted the 2015 National Building Code of Canada (NBC) as part of its updated Code de construction du Québec .

Before this, the required railing height for certain residential applications was typically 36 inches (900 mm). The new 42-inch requirement applies primarily to guardrails on balconies, decks, and other elevated surfaces, aligning with modern safety standards.

Which is correct?

2

You might find somewhere in the legal verbiage that the 42" local/province standard supersedes the 36" national standard. A similar 42" standard has been in place in the State of California for many years.

3

Thank you, but as per my research there are two different answers

4

this is what larry said about it when i asked:

"Great! Here’s the legal framework that allows municipalities in Quebec to enforce more restrictive building standards like Laval’s 42-inch (1070 mm) guardrail rule:

:white_check_mark: 1. Loi sur l’aménagement et l’urbanisme (LAU) — Planning and Urbanism Act

[RLRQ c A-19.1]

  • Gives municipalities the power to adopt bylaws governing construction standards beyond the provincial building code in the interest of health, safety, and urban planning.
  • Relevant sections:
    • Article 113: Municipalities may adopt bylaws governing “construction, occupancy, maintenance, repair, or demolition of buildings”.
    • Article 115: Bylaws can regulate “the height, size, and location of structures”.

:white_check_mark: Effect: Laval can adopt a bylaw requiring guardrails to be 1070 mm high — even when the provincial code only required 900 mm.

:white_check_mark: 2. Code de construction du Québec

  • Chapter I – Building (adopts the National Building Code of Canada, with Quebec amendments).
  • Article 3 (in the Règlement sur le Code de construction): Establishes minimum standards but explicitly states that:

    “Nothing in this Code prevents a municipality from adopting more stringent measures for construction standards within its territory.”

:white_check_mark: Effect: Municipalities like Laval are legally allowed to exceed the provincial minimums.

:white_check_mark: 3. Municipal Powers Act (Loi sur les compétences municipales)

[RLRQ c C-47.1]

  • Article 4, Paragraph 5: Gives municipalities powers related to “construction” and “safety”.
  • Allows municipalities to regulate or impose conditions on construction within their limits.

:white_check_mark: Effect: Laval’s building bylaw is valid if it’s passed under this authority.

:white_check_mark: Summary of Quebec’s Legal Position:

Law Authority
LAU (A-19.1) Municipal power to regulate building standards, heights, safety, etc.
Code de construction du Québec Sets minimums, but explicitly allows municipalities to exceed them
Municipal Powers Act (C-47.1) General power to regulate construction and safety

:white_check_mark: Conclusion:

Laval’s 1070 mm (42") guardrail rule is fully legal because:

  • Quebec law allows municipalities to exceed the minimum Code de construction du Québec;
  • Laval passed a valid municipal bylaw doing exactly that;
  • The stricter municipal rule takes precedence over the provincial minimum within Laval’s jurisdiction — exactly like U.S. local code superseding the state or model code.

Let me know if you want direct citations to specific Laval bylaws or Quebec’s official French wording."

5

Thank you for your answer! But is inspector responsible for code compliance verification for municipal or provincial regulations?

6

Are you a code inspector or a home inspector? If a home inspector, what is your standards of practice?

I use the InterNACHI standards of practice and I am not responsible for either of those regulations.

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7

Thank you, I just want to be sure that this is not my responsibilities. Have a great day!

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8

The New 42" rule??? 2022???
Don’t forget platform height to have 42" rule take affect.
Been reporting all balcony’s and decks without 42" minimum for well over a decade.

In Quebec, RBQ (Regie du Bâtiment du Québec) mandates a minimum guardrail height of 90 cm (36 inches) for decks or walking surfaces up to 180 cm (6 ft) above the finished floor, and 107 cm (42 inches) for those exceeding 180 cm.

One other Note: **Some older buildings in montreal have been ‘grandfathered’ into the 36" inch height front balcony rule due to their unique exterior envelope architecture can not be modified. Typically 3 plex buildings. The rear of these buildings are required to become 42" inch compliant when renovated. Typically centerville.

9

These are the hay days of my inspection carrier.
All I can say is Talk soft and Write hard in Laval.

Laval closes ‘dark chapter’ as it recoups $60M lost to corruption.
Gilles Vaillancourt, city’s mayor for more than 2 decades, was arrested in 2013

10

Robert, thank you for your response. Is an inspector responsible for verifying compliance with local codes and regulations and providing a report on their findings?

11

What does your Standards of Practice say? Are you in a regulated province or state? Are you an InterNACHI member? If the answer to either of those questions is yes, then there is a standard of practice for you to follow. Either by your local jurisdiction for home inspectors or as a certified InterNACHI inspector.

Here is a link to the InterNACHI Standards of practice. See if you can answer your question by reading it.

12

Thank you, Brian!

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